RESTRICTING THE PRACTICE OF THE REGULATED PROFESSION OF ARCHITECTURE BY NON-REGISTERED AND LICENSED “ARCHITECTS” (NON-RLAS) SUCH AS ARTS AND TRADES SCHOOL STUDENTS/GRADUATES TRA…

WHEREAS, Secs. 29, 31 and 34, Art. IV of Republic Act (R.A.) No. 9266 (The Architecture Act of 2006) state:

“SEC. 29. Prohibition in the Practice of Architecture and Penal Clause
– Any person who shall practice or offer to practice architecture in
the Philippines without being registered/licensed and who are not
holders of temporary or special permits in accordance with the
provisions of this Act, x x x x or any person who shall use in
connection with his/her name or otherwise assume, use or advertise any
title or description tending to convey the impression that he/she is an
architect when he/she is not an architect, or any person whether
Filipino or foreigner, who knowingly allows the use, adoption,
implementation of plans, designs or specifications made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture, or any
person who shall violate any of the provisions of this Act, its
implementing rules and regulations, the Code of Ethical Conduct and
Standards of Professional Practice, or any policy of the Board and
the Commission, shall be guilty of misdemeanor and charged in court
by the Commission and shall, upon conviction be sentenced to a fine of
not less than One hundred thousand pesos (P100,000.00) but not more than
Five million pesos (P5,000,000.00) or to suffer imprisonment for a
period not less than six (6) months or not exceeding six (6) years, or
both, at the discretion of the Court.

SEC 31. Liability of Representatives of Non-Registered Persons – It shall be unlawful for any person
or firm or corporation to seek to avoid the provisions of this Act by
having a representative or employee seek architectural work in their
behalf, unless and until, such persons have duly qualified and are duly
registered/licensed, otherwise, both those represented and the
representative, the employer and the employee shall be deemed guilty of
violation of this Act. Solicitation of architectural work shall be
construed as offering to practice architecture and shall be unlawful
for any non-registered and unlicensed persons to do so.

SEC. 34. Non-Registered Person Shall Not Claim Equivalent Service
– Persons not registered as an architect shall not claim nor represent
either services or work as equivalent to those of a duly qualified
registered architect, or that they are qualified for any branch or
function of architectural practice, even though no form of the title
“Architect” is used. (emphasis supplied)

WHEREAS, similar provisions are found in the Implementing Rules and
Regulations (IRR) of R.A. No. 9266, in effect since 01 December 2004;

WHEREAS, the general public is deliberately misled or confused as to
the real professional status of certain entities (natural and
juridical), claiming or projecting themselves to be either registered
and licensed architects (RLAs) or of being RLAs in group practice, when
they are in fact not registered and licensed to practice architecture or
other professions considered allied to architecture;

WHEREAS, the Board has confirmed that these entities are able to offer and actually practice architecture either through RLAs who aid and
abet such practices or through the technical assistance being rendered
by B.S. Architecture students, graduates/graduates undergoing
diversified training, and unsuccessful examinees who have taken the
architecture licensure examinations (ALE);

WHEREAS, there are already sufficient processes and safeguards to
address the RLAs who aid and abet such practices and who directly
violate R.A. No. 9266, but that there are insufficient ones to address
the second set of violators who are non-RLAs;

NOW, THEREFORE, the Board is hereby RESOLVES, as it is hereby RESOLVED, that non-RLAs such as arts and trades school students and
graduates trained in architectural drafting, B.S. Architecture
students, graduates/graduates undergoing diversified training and
unsuccessful examinees who have taken the ALE, must undertake or perform
works of architecture, falling within the scope of practice of
architecture, as defined under Secs. 3.(3) and 3.(4), Article I, of R.A.
No. 9266, only for RLAs (with valid certificates of
registration and valid professional identification card), for qualified
firms of RLAs (which have valid registration/s with the PRC), for
foreign architects (with valid special/temporary permits issued by the
Board and PRC) and the like;

FURTHER, RESOLVED, That the following terms as above-mentioned are hereby defined:

1) “arts and trades school students and graduates trained in architectural drafting”, as entities enrolled or who have been enrolled in architectural drafting courses (manual or electronic);

2) “B.S. Architecture student”, as entities enrolled or
who have been enrolled in courses forming part of the CHED-recognized
curriculum for a B.S. Architecture degree;

3) “B.S. Architecture graduates”, as entities who have
satisfactorily completed all courses forming part of the CHED-recognized
curriculum for a B.S. Architecture degree; under this definition are
entities who go on to enroll in graduate/post-graduate courses in
architecture or other fields (masters or doctoral) in the Philippines or
overseas, without first completing the mandatory two (2) – year
diversified training prior to taking the Architecture Licensure
Examinations (ALE);

4) “B.S. Architecture graduates undergoing diversified training”,
as entities who have satisfactorily completed all courses forming part
of the CHED-recognized curriculum for a B.S. Architecture degree and
are in the process of completing the mandatory two (2) – year
diversified training prior to taking the Architecture Licensure
Examinations (ALE);

5) “unsuccessful examinees who have taken the Architecture Licensure Examinations (ALE)”, as entities have taken and failed the ALE and who are employed by RLAs and by non-RLAs alike; and

6) “works of architecture”, as any form of work or
component of work of architectural deliverables/outputs that fall within
the recognized scope of professional architectural practice that are
within the ambit of definitions supplied under Secs. 3.(3) and 3.(4),
Article I, of R.A. No. 9266 and its pertinent IRR.

FURTHERMORE, RESOLVED, that the act of non-RLAs performing works of
architecture, such as those done by arts and trades school students and
graduates trained in architectural drafting, B.S. Architecture students,
graduates/graduates undergoing diversified training and unsuccessful
examinees who have taken the ALE for other non-RLAs, whether wittingly
or unwittingly, shall be deemed a willful violation of Secs, 29, 31 and
34, Article IV, of R.A. No. 9266 and its pertinent IRR provisions, and
shall therefore be criminally charged with the illegal practice of
architecture and/or with the applicable violation/s of R.A. No. 9266 and
its IRR, subject to the appropriate penalties provided thereunder.

MOREOVER, RESOLVED, that all schools of architecture in the
Philippines shall prominently display this Resolution, once approved and
published, within its premises for the information of B.S. Architecture
students, graduates/graduates undergoing diversified training and their
prospective recruiters/employers; and

FINALLY, RESOLVED, that the chapters of the integrated and accredited
organization of architects (IAPOA) take steps to identify and
officially inform all arts and trades schools offering architectural
drafting courses within their respective jurisdictions of this
Resolution, once approved and published, and to cause its posting within
such premises for the information of their students, graduates, and
their prospective recruiters/employers; and

That the IAPOA also takes steps to disseminate this information to
its student and graduate auxiliary organizations and to its membership
in general.

This Resolution shall take effect after fifteen (15) days following
the full and complete publication thereof in the Official Gazette or in a
newspaper of general circulation in the Philippines.

Adopted: 16 Jan. 2008

(SGD.) ARMANDO N. ALLI Chairman
(SGD.) ANGELINE T. CHUA CHIACO Member	(SGD.) MARIETTA B. SEGOVIA Member
ATTESTED TO:
(SGD.) CARLOS G. ALMELOR Secretary, Professional Regulatory Boards
APPROVED:
(SGD.) LEONOR TRIPON-ROSERO Chairperson
(SGD.) RUTH RAÑA- PADILLA Commissioner	(SGD.) NILO L. ROSAS Commissioner